Completely replaced at work..what to do?

[Dani_Ldn]

Ok, so despite having just studied in HR, I cannot find an answer any where for my question. The most I know is that work cannot replace my exact job & that I can be offered a similar role at the same pay if I do go back...

So, I was basically doing all of the company office management/admin/HR before mat leave. I wasn't happy at all & have all but decided not to go back due to various things happening (being treated really poorly by my boss while pregnant, being basically forced to be a receptionist by said boss etc..), I have now found out that in the last 2 months they have hired an HR Manager who will be doing everything I was doing & a 'Front of House Supervisor' who is doing all the admin/office management & reception (not that I wanted to go back to doing reception work, but still)! Basically my job is redundant as there is no similar role I could do (unless they offered me something in HR - they actually paid for me to do a CIPD course & have no intention of me using it for them as far as I know). I am not sure how to go about this, I am pretty sure they don't know that I know about all the new hires & what their job roles are & they def don't know that I have no intention of returning. I have a 3 month notice period that I need to give & we never organised a set date for me to return, I just left it at '39 weeks & if I need longer I will advise you').

I am thinking of maybe doing a keeping in touch day & getting paid for it & then resigning or saying I def do want to come back & then resigning after a week . I know they won't want to keep me around 3 months, so should I try & get them to put me on garden leave? I don;t know? They have screwed me about so much, that I don't really care if I end up screwing them!

Has anyone else been in this situation?

 

[HPmum2B]

I don't know exactly all the ins and outs, but I do know they cannot permanently replace you.

However, if the person they have taken on does not have the same title as your role, then it will make it harder to claim they have replaced you.

Also, the only way to see for sure if they still have your job waiting for you is to call their bluff and say you are coming back. When you return to work, you may find they shift the new person around so your job is still there.

As for keep in touch days, they do not have to let you do these. So if you ask to do them, they will only have you in if it suits them too.

 

[Louppey]

If you take more than 26 weeks maternity leave then they can offer you *a* job to the same salary and benefits. It does not have to be the original job you had. In order to guarantee walking back into your original job you can only take 26 weeks maternity leave.

Up to 26 weeks is considered "standard" maternity and then the additional 26 weeks is "additional" and so your rights change.

Sorry Hun

 

[HPmum2B]

If you take more than 26 weeks maternity leave then they can offer you *a* job to the same salary and benefits. It does not have to be the original job you had. In order to guarantee walking back into your original job you can only take 26 weeks maternity leave.

Up to 26 weeks is considered "standard" maternity and then the additional 26 weeks is "additional" and so your rights change.

Sorry Hun

Oh yeah this is correct. I forgot that bit when I replied.

 

[Noo]

39 weeks is standard now, is it not? I know my work paperwork describes 39 weeks standard then up to 52 as additional.

 

[Dani_Ldn]

I thought so too about the 39 weeks, as that is what you are paid until now & the further 13 weeks is optional?

 

[Louppey]

I know when I looked in August before I left, 26 weeks was ordinary. It may have changed since then?

ETA Just googled and no it hasn't changed. It's 26 & 26.

 

[Louppey]

Found the link that states your rights to your job:

https://www.gov.uk/employee-rights-when-on-leave

Ordinary / additional:

https://www.gov.uk/maternity-pay-leave/leave

 

[sue_88]

Louppey is correct about the 26 & 26 in regards to job entitlement.

The 39 / 13 is purely to do with pay.